The notary provides legal protection of the rights of all those who participate in civil circulation, for example, in the field of obligation relations, as well as in the conclusion or execution of various types of property agreements. Russian law provides for a specific list of transactions subject to mandatory notarization.
Credibility
Such a transaction is absolutely reliable, which brings the necessary clarity to the relationship between the two parties that concluded it, and also clarifies all questions regarding its content and execution procedure. In addition, in cases of litigation, notarization ensures its provability. Notaries are impartial to both parties to it and are required to explain to them the consequences of their particular transaction.
Its significance lies in the fact that it becomes a legal fact, on the basis of which the rights and obligations of participants in a legal relationship can begin, change and cease. We will figure out which transactions are subject to mandatory notarization.
Documentary form
The main role of a notary public is that agreements are fixed in the necessary documentary form, their legality is guaranteed by law, and the reliability is maximum. In case of loss of documentation in which notarized transactions are expressed, they can be easily restored.
Legal fact
The transaction is not an event, since it is a kind of a certain legal fact, where freedom of will of its participants is expressed, which is aimed at achieving specific results related to its implementation, also having a legal nature. The main element of its existence is the will of all participants in the legal relationship, which is understood as the real desire of a person to conclude such an agreement.
The realization of such a will in the external environment is carried out with the help of will. Conditionally speaking, the will is the content of the phenomenon, and the form of its manifestation is already the expression of the will. Before completing a transaction, a notary is required to clarify all its legal details, as well as prepare a draft.
Verification Signature
Notarization of the transaction occurs through the establishment on a specific document of a special certification signature. This document should express its content, and it is signed not only by a notary, but also by the participants in the legal relationship or their representatives.
Additional requirements
There are cases when the law establishes additional requirements for the preparation of a document confirming the implementation of the transaction. For example, an agreement on the purchase and sale of a plot of land, as a rule, should be executed on a special standard form.
Varieties of transactions subject to mandatory notarization
The range of contracts that are notarized is clearly limited by law. Among them are distinguished those that are certified at will, and those that are subject to the law of compulsory certification. Transactions that are certified at will may be absolutely any that do not contradict Russian law.
In addition to the above, notarized certification is also subject to those whose certification is established by agreement of the parties to a particular transaction even in cases where this is not prescribed by law.
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The compulsory certification in a notarial order is provided for by such legislative acts as the Fundamentals of Legislation on Notaries, the Family Code, the Civil Code and others. Thus, according to the legislation, the following transactions are subject to mandatory notarization:
- A variety of powers of attorney for certain transactions that require a notarial form. An exception here are cases provided for by the legislation on a specific legal relationship.
- Power of attorney, which can be issued in the order of transfer. They are issued, for example, to receive certain payments by another person in the form of wages or social benefits, scholarships, deposits in banking organizations, as well as to receive any correspondence in the form of valuable letters, etc. Types of transactions subject to mandatory notarial ID cards are quite diverse.
- Wills. Except when they can be drawn up in simple writing. This is permitted only when the person who draws up the document, due to physical weakness, cannot contact the notary or is in a position that threatens his health and life, or in an emergency. Such a will can be made by hand in the presence of witnesses. However, there are certain nuances here - such a will loses its validity after 30 days if, after the end of a difficult situation, the testator did not notarize the document.
- Orders or notices that cancel a will.
- Mortgage Contracts. This can also include all types of credit or other agreements that contain obligations secured by a mortgage. There are other real estate transactions subject to mandatory notarization.
- Contracts for pledging property or rights to it, which are security for agreements subject to notarization.
- Various types of agreements between mortgagors and mortgagees on the collection of collateral, which are real estate items. Such documents must be notarized only when certain grounds have arisen for the collection of such a pledge.
- An annuity contract that has several varieties - such as permanent annuity, maintenance for a dependent and life annuity.
- Agreements concluded by customs intermediaries on legal relations with persons represented by them in carrying out certain activities.
- The consent of one of the spouses to the management or disposal of the other spouse of immovable or movable property, which is in joint ownership. What other transactions are subject to mandatory notarization?
- Marriage contract. It can be concluded and notarized both before marriage and during any period of marriage. However, the one that is concluded in advance comes into force only after the state registration of such a legal relationship.
- Maintenance Agreement.
- Assignment agreement.
- An agreement on the transfer of money carried out by the debtor as payment of his debt, if a loan agreement was previously drawn up.
- A preliminary contract in cases where a mandatory notarization is established for the main contract.
Invalid
Transactions subject to mandatory notarization shall be deemed invalid if this condition is not met. They can be considered real only in court.And in cases where the court has recognized such a transaction legal, notarization in the subsequent time is no longer required. The court can recognize it as valid only if one of its parties has conscientiously fulfilled its obligations regarding this legal relationship.